Qs.

The Environment Impact Assessment (EIA) Notification, 2006:

An environmental impact assessment (EIA) is an assessment of the possible impact

positive or negative-that a proposed project may have on the environment, together
consisting of the natural, social and economic aspects. Its purpose is to identify, examine,
assess and evaluate the likely and probable impacts of a proposed project on the
environment and, thereby, to work out remedial action plans to minimize adverse impact
on the environment. It is an important management tool for ensuring the justified use of
natural resources during developmental process. The Ministry of Environment Forests
(MoEF) New Delhi has issued the Environmental Impact Assessment Notification on 14th
September, 2006, which makes prior environmental clearance mandatory for the
development activities listed in its schedule.

Prior Environmental Clearance Procedure:

Step 1: Application for prior Environmental Clearance

The following projects or activities requires prior environmental clearance from the
concerned regulatory authority, before starting any construction work, or preparation of
land by the project management (except fencing the land).

1. All new projects or activities listed in the Schedule of EIA notification, 2006 (refer
Annexure I);

2. Expansion and modernization of existing projects or activities listed in the Schedule with
addition of capacity beyond the threshold limits specified for the concerned sector;

3. Any change in product - mix in an existing manufacturing unit included in Schedule

beyond the specified range.

An application seeking prior environmental clearance has to be made in the prescribed

Form 1 and Supplementary Form 1A, if applicable, as given in the EIA Notification, 2006.
The application has to be made after the identification of prospective site(s) for the project
and/or activities, before commencing any construction activity, or preparation of land, at
the site by the applicant. The applicant is also required to submit the pre-feasibility project
report along with the application. In case of Building /Construction projects / Area
Development projects and Townships, the applicant is required to submit conceptual plan
instead of the pre-feasibility report.

All projects and activities are broadly categorized in to two categories - Category A and
Category B, based on the spatial extent of potential impacts and potential impacts on
human health and natural and manmade resources. As per categorization of projects (A or
B) defined in the Schedule of EIA Notification, applicant should submit the proposal to
Central Government or State Authority.

Step 2: Project Appraisal at SEAC

Received applications are processed by SEAC in 4 stages viz. Screening, Scoping, Public
Consultation & Appraisal. After appraising, the SEAC recommends the project to SEIAA,
along with its suggestions about issuing ‘Environmental Clearance’ or rejecting the
application. The detail procedure followed during these 4 stages is as below:

Stage (1) - Screening: This stage involves the scrutiny of application by SEAC for Category
‘B’ projects or activities. SEAC determines whether or not the project or activity requires
further environmental studies for preparation of an Environmental Impact Assessment
(EIA), depending upon the nature and location specificity of the project.

The projects requiring an EIA report is termed as Category ‘B1’ and remaining projects are
termed as Category ‘B2’.

Stage (2) - Scoping:

“Scoping” refers to the process by which the EAC (for Category ‘A’ projects or activities),
and SEAC (for Category ‘B1’ projects or activities) determine detailed and comprehensive
Terms of Reference (TOR) addressing all relevant environmental concerns for the
preparation of an Environment Impact Assessment (EIA) Report in respect of the project or
activity for which prior environmental clearance is sought. Applications for prior
environmental clearance may be rejected by the regulatory authority concerned (MoEf or
SEIAA) on the recommendation of the EAC or SEAC concerned at this stage itself. In case of
such rejection, the decision together with reasons for the same has to be communicated to
the applicant in writing within sixty days of the receipt of the application.

Stage (3) - Public Consultation:

“Public Consultation” refers to the process by which the concerns of local affected
persons and others who have plausible stake in the environmental impacts of the project
or activity are ascertained with a view to taking into account all the material concerns in the
project or activity design as appropriate.

All Category ‘A’ and Category B1 projects or activities are required to undertake Public
Consultation, except the following:-

1. Modernization of irrigation projects (item 1(c) (ii) of the Schedule).

2. All projects or activities located within industrial estates or parks (item 7(c) of the
Schedule) approved by the concerned authorities, and which are not disallowed in such
approvals.

3. Expansion of Roads and Highways (item 7 (f) of the Schedule) which do not involve any
further acquisition of land.

4. All Building /Construction/ Area Development projects and Townships (item 8).

5. All Category ‘B2’ projects and activities. 6. All projects or activities concerning national
defense and security or involving other strategic considerations as determined by the
Central Government.

The Public Consultation is ordinarily comprised of two components:-

1. A public hearing at the site or in its close proximity- district wise, to be carried out in the
manner prescribed in the notification, for ascertaining concerns of local affected persons.

2. Obtain responses in writing from other concerned persons having a plausible stake in
the environmental aspects of the project or activity.

The public hearing at, or in close proximity to, the site(s) in all cases is conducted by the
State Pollution Control Board (SPCB) or the Union territory Pollution Control Committee
(UTPCC) concerned in the specified manner and forward the proceedings to the regulatory
authority concerned within 45 (forty five ) days of a request to the effect from the applicant.

After completion of the public consultation, the applicant shall address all the material
environmental concerns expressed during this process, and make appropriate changes in
the draft EIA and EMP. The final EIA report, so prepared, has to be submitted by the
applicant to the concerned regulatory authority for appraisal. The applicant may
alternatively submit a supplementary report to draft EIA and EMP addressing all the
concerns expressed during the public consultation.

Stage (4) - Appraisal:

‘Appraisal’ means the detailed scrutiny by the EAC or SEAC of the application and other
documents like the Final EIA report, outcome of the public consultations including public
hearing proceedings, submitted by the applicant to the regulatory authority concerned for
grant of environmental clearance.

This appraisal has to be made by EAC or SEAC concerned in a transparent manner in a

proceeding to which the applicant is invited for furnishing necessary clarifications in
person or through an authorized representative.
On conclusion of this proceeding, the EAC or SEAC concerned makes categorical
recommendations to the regulatory authority concerned either for grant of prior
environmental clearance on stipulated terms and conditions, or rejection of the
application for prior environmental clearance, together with reasons for the same.

The appraisal of an application has to be completed by the EAC or SEAC concerned within
sixty days of the receipt of the final Environment Impact Assessment report and other
documents or the receipt of Form 1 and Form 1A, where public consultation is not
necessary and the recommendations of the EAC or SEAC has to be placed before the
competent authority for a final decision within the next fifteen days.

The members of the EAC and SEAC, concerned, may inspect any site(s) connected with the
project or activity in respect of which the prior environmental clearance is sought, for the
purposes of screening or scoping or appraisal.

Step 5: ‘Environmental Clearance’ by SEIAA

A State Level Environment Impact Assessment Authority (SEIAA) is constituted by the

Central Government under the Environment (Protection) Act, 1986 for the purpose of the
EIA notification. This is the ‘Environmental Clearance’ issuing authority, which scrutinizes
the projects appraised by SEAC and gives the final decision on issuing ‘Environmental
Clearance’ or rejecting the application.